2nd Circ. Grants Cities Carte Blanche To Curb Tobacco Sales

Law360, New York (February 27, 2013, 8:38 PM EST) -- The Second Circuit's decision to uphold New York City tobacco sales restrictions gives other cities free rein to all but ban types of tobacco products, attorneys say, while still tantalizing public health advocates with the possibility of one day allowing for a complete ban.

The appeals court ruled Tuesday that the Family Smoking Prevention and Tobacco Control Act, passed by Congress in 2009, does not preempt an ordinance limiting the sale of flavored chewing tobacco, snuff and other smokeless tobacco to the city's tobacco bars. None...
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